"How Case Law Has
Shaped Our Rights."
By Joshua Finkelstein
Marbury v. Madison
U.S. Supreme Court
MARBURY v. MADISON, 5 U.S. 137 (1803)
5 U.S. 137 (Cranch)
• William Marbury was appointed to a federal judgeship by
John Adams, a Federalist President.
• He was nominated and appointed properly, his commission
was signed, but not delivered. It was one of the last
"Midnight appointments" of John Adams.
• After the commission was signed, but before it was
delivered, Thomas Jefferson, a Republican, was elected.
• Jefferson ordered his Secretary of State, James Madison,
not to deliver the commission.
• The case was a unanimous 4-0 decision, issued by Chief
Justice John Marshall and signed by William Patterson,
Samuel Chase and Bushrod Washington. These four
people unilaterally changed the Constitution of the United
• Marbury argued his appointment
• The President had nominated him.
• The Senate had confirmed his
position as justice of the peace.
• Marbury's attorney, Charles Lee,
asked the Supreme Court to issue a
writ of mandamus to force Madison
to deliver the document Marbury
needed to take office.
Defendant's Argument• The Defendant was James Madison.
• Madison was appointed Secretary of State under Thomas
• Madison and Jefferson were republicans.
• They argued that they did not have to deliver Marbury's
commission because the commission was signed during
John Adam's term.
• John Adams was a Federalist.
• Madison believes that Jefferson had the right to choose
whether to enforce a law because of his position as head
of the executive branch.
• Madison argues that if Jefferson did not want it, then
Madison did not have to do it.
Summary of Marbury v. Madison
Establishment of Judicial Review
• The court ruled that Marbury WAS entitled to his commission.
• The court did not have the power to order Madison to deliver the commission to Marbury
• The Judiciary Act of 1798 conflicts with the Constitution.
• Article III section 2 of the Constitution allows the Supreme to exercise original jurisdiction in certain
• Original jurisdiction means the Supreme Court is the first to decide the case.
• Appellate jurisdiction means the plaintiff has to try his case in lower courts and only then can he
appeal it to the Supreme Court.
• Marbury brought his case under original jurisdiction. The court decided this was improper. He
should have had it tried at the lower courts first.
• Marbury brought his case under original jurisdiction because the Judiciary Act of 1789 gave him
the right to do so.
• The Supreme Court declared that the Judiciary
Act of 1789 was unconstitutional.
Importance of the
• There was a conflict between the Constitution and a federal law.
• The Supreme Court decided that it has the right to determine which laws
• This case redefined Article III Section 2 of the Constitution. It clarified
what original jurisdiction means.
• It created the right of Judicial Review.
• The Tenth Amendment states that powers not delegated to the US by the
Constitution are reserved to the states or to the people.
• Marbury v Madison changed the Tenth Amendment. This case took the
power of judicial review. This power was not delegate by the Constitution
so it should have been reserved by the states or by the people, but here
the court took it for itself.
MAPP v. OHIO.
APPEAL FROM THE SUPREME COURT
Argued March 29, 1961.
Decided June 19, 1961.
• It was a 6-3 decision.
• Justice Clark wrote the
majority opinion with
Brennan, Douglas, Black,
• Justices Frankfuter, Harlan
and Whittacker dissented.
• Dorlee Mapp was a defendant in an
Ohio state prosecution.
• Police entered her home without a
proper warrant. Police found
evidence of a crime.
• Mapp was convicted of the crime in
the Ohio courts.
• Mapp argued that illegally found
evidence can not be used in court.
• They argued that even
though the police did not
have a proper warrant, they
did find evidence of a crime.
• The Ohio State Prosecutor
argued the case and got a
• The representatives of Ohio
argued that the conviction
should be upheld.
Summary of the Case
• Mapp v Ohio extended the Fourth
Amendment to state procedures.
• Evidence found without a proper search
warrant must be excluded from evidence.
• This case created the Exclusionary Rule.
• Mapp's conviction was overturned and the
case was sent back to the state courts for
a retrial with the evidence excluded.
New Jersey v. TLO
• The Supreme Court decided that the
Exclsionary Rule should not apply to public
• It was a 6-3 decision.
• The Majority opinion was written by Justice
White, joined by Burger, Powell, Rehnquist,
O'Connor, and Blackmun
• Justices Brennan, Marshall and Stevens
• T.L.O was a defendant in a criminal case in
• T.L.O was a 14 year old student who was
searched by school officials.
• The officials found Marijuana in her purse.
• This evidence was introduced at trial and
T.L.O was convicted.
• T.L.O argued that the evidence was illegally
obtained since school officials had no search
• T.L.O argued that the school violated her
Fourth Amendment rights.
• School officials suspected T.L.O. of violating school
• School officials believed they had reasonable
grounds to search T.L.O.
• School officials argued that they have a duty to
provide a safe environment for students.
• New Jersey tried T.L.O and convicted her.
• The Appeals Court overturned her conviction.
• Representatives of the state of New Jersey asked
the Supreme Court to settle this dispute.
Summary of the Case• The Court did not view the rights of students in a public school as equal to the
rights of adults in a non-school setting.
• The standard for adults is that Police need to demonstrate “probable cause”
that individuals they search have violated or are violating a law.
• However, in schools, officials, only have to have a “reasonable suspicion” of
unlawful conduct to justify a search of students in school.
• This case limits the exclusionary rule.
• School authorities can take away the rights of students for the benefit the
school's compelling educational purpose.
• The search was legal. The Fourth Amendment was not violated. The
conviction was upheld.
• Judicial review taken from Tenth Amendment,
changed Artcle III Section 2.
Mapp v Ohio
• Created the Exclusionary Rule from the
Fourth Amendment .
New Jersey v TLO
• A more lenient standard exists for Fourth
Amendment Searches and Seizure cases in